Fact Sheet #51: Field Sanitation Standards under the Occupational Safety and Health Act

The Occupational Safety and Health Act of 1970 was enacted
to assure safe and healthful working conditions for working men and women. In
1987, the Occupational Safety and Health Administration
issued regulations establishing minimum standards
for field sanitation in covered agricultural settings. Authority for enforcing
these field sanitation standards in most states has been delegated to the Wage
and Hour Division of the U.S. Department of Labor.

Summary

The OSHA field sanitation standards require covered
employers to provide: toilets, potable drinking water, and hand-washing
facilities to hand-laborers in the field; to provide each employee reasonable use
of the above; and to inform each employee of the importance of good hygiene
practices. Covered employers who fail to comply with the statute or regulations
may be subjected to a range of sanctions, including the administrative
assessment of civil money penalties and civil or criminal legal action.

Scope of Coverage

In general, the field sanitation standards apply to any
agricultural establishment employing
11 or more workers on any one day during the previous 12 months, to perform
“hand labor” field work. “Hand labor” includes hand-cultivation, hand-weeding,
hand-planting, and hand-harvesting of vegetables, nuts, fruits, seedlings, or
other crops, including mushrooms, and the hand-packing of produce in the field
into containers, whether performed on the ground, on moving machinery, or in a
shed. “Hand labor” does not include the care and feeding of livestock, or hand
labor operations in permanent structures (e.g. canning facilities or packing
houses.) Except for hand labor reforestation work, the term “hand labor” also
does not include forestry operations, such as logging.

Drinking Water

Covered agricultural employers must provide potable drinking
water, suitably cool and in sufficient amounts, dispensed in single-use cups or
by fountains, located so as to be readily accessible to all employees.

Toilets and Handwashing Facilities

Covered agricultural employers must provide one toilet and
handwashing facility for every 20 employees, located within a quarter-mile
walk, or if not feasible, at the closest point of vehicular access.
Premoistened towelettes, once allowed by some state regulators, cannot be
substituted for handwashing facilities. Toilets and handwashing facilities are
not required for employees who do field work for three hours or less each day,
including travel to and from work.

Employers must maintain such facilities in accordance with
public health sanitation practices, including upkeep of water quality through
daily change (or more often if necessary); toilets clean, kept sanitary, and
operational; handwashing facilities refilled with potable water as necessary
and kept clean, sanitary, and safe; and proper disposal of wastes from the
facilities.

Employee Notification and Other Requirements

Covered agricultural employers must provide notification to
each employee of the location of the water and sanitation facilities, and must
allow employees reasonable opportunities during the workday to use them. The
employer also must inform the employee of the relevant health hazards in the
field and the practices necessary to minimize them. Employees cannot be made to
bear the costs incurred by the employer for providing required facilities.

Wage and Hour Division Authority

On February 3, 1997, the Wage and Hour Division assumed
authority to enforce these field sanitation standards nationwide, except for
Puerto Rico and the following OSHA State-Plan states: Arizona, California, Hawaii, Maryland, Michigan, New Mexico, Nevada, North Carolina, Oregon, Tennessee, Virginia, Vermont and Washington.

Certain states have adopted standards more stringent than
the federal requirements. Where both federal and state requirements apply to an
agricultural establishment, the employer is obligated to comply with the
stricter requirement. Contact the state labor agency or department of health to
find out whether your state has such requirements

This publication is for general information and is not to be
considered in the same light as official statements of position contained in
the regulations.